F.S. 2017 WEAPONS AND FIREARMS Ch. 790
(1) Every officer making an arrest under s. 790.07,
or under any other law or municipal ordinance within the
state, shall take possession of any weapons, electric
weapons or devices, or arms mentioned in s. 790.07
found upon the person arrested and deliver them to the
sheriff of the county, or the chief of police of the
municipality wherein the arrest is made, who shall
retain the same until after the trial of the person
arrested.
(2) If the person arrested as aforesaid is convicted
of violating s. 790.07, or of a similar offense under any
municipal ordinance, or any other offense involving the
use or attempted use of such weapons, electric
weapons or devices, or arms, such weapons, electric
weapons or devices, or arms shall become forfeited to
the state, without any order of forfeiture being necessary,
although the making of such an order shall be
deemed proper, and such weapons, electric weapons or
devices, or arms shall be forthwith delivered to the
sheriff by the chief of police or other person having
custody thereof, and the sheriff is hereby made the
custodian of such weapons, electric weapons or devices,
and arms for the state.
(3) If the person arrested as aforesaid is acquitted of
the offenses mentioned in subsection (2), the said
weapons, electric weapons or devices, or arms taken
from the person as aforesaid shall be returned to him or
her; however, if he or she fails to call for or receive the
same within 60 days from and after his or her acquittal or
the dismissal of the charges against him or her, the
same shall be delivered to the sheriff as aforesaid to be
held by the sheriff as hereinafter provided. This subsection
shall likewise apply to persons and their
weapons, electric weapons or devices, or arms who
have heretofore been acquitted or the charges against
them dismissed.
(4) All such weapons, electric weapons or devices,
and arms now in, or hereafter coming into, the hands of
any of the peace officers of this state or any of its
political subdivisions, which have been found abandoned
or otherwise discarded, or left in their hands and
not reclaimed by the owners shall, within 60 days, be
delivered by such peace officers to the sheriff of the
county aforesaid.
(5) Weapons, electric weapons or devices, and
arms coming into the hands of the sheriff pursuant to
subsections (3) and (4) aforesaid shall, unless reclaimed
by the owner thereof within 6 months from
the date the same come into the hands of the said
sheriff, become forfeited to the state, and no action or
proceeding for their recovery shall thereafter be maintained
in this state.
(6) Weapons, electric weapons or devices, and
arms coming into the hands of the sheriff as aforesaid
shall be listed, kept, and held by him or her as custodian
for the state. Any or all such weapons, electric weapons
or devices, and arms suitable for use by the sheriff may
be so used. All such weapons, electric weapons or
devices, and arms not needed by the said sheriff may be
loaned to any other department of the state or to any
county or municipality having use for such weapons,
electric weapons or devices, and arms. The sheriff shall
take the receipt of such other department, county, or
municipality for such weapons, electric weapons or
devices, and arms loaned to them. All weapons, electric
weapons or devices, and arms which are not needed or
which are useless or unfit for use shall be destroyed or
otherwise disposed of by the sheriff as provided in
chapter 705 or as provided in the Florida Contraband
Forfeiture Act. All sums received from the sale or other
disposition of the said weapons, electric weapons or
devices, or arms disposed of by the sheriff under
chapter 705 as aforesaid shall be paid into the State
Treasury for the benefit of the State School Fund and
shall become a part thereof. All sums received from the
sale or other disposition of any such weapons, electric
weapons or devices, or arms disposed of by the sheriff
under the Florida Contraband Forfeiture Act shall be
disbursed as provided therein.
(7) This section does not apply to any municipality in
any county having home rule under the State Constitution.
History.—s. 3, ch. 3620, 1885; RS 2424; GS 3270; RGS 5103; CGL 7205; s. 1,
ch. 22049, 1943; s. 1, ch. 65-189; ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 67-523; s. 3, ch.
67-2207; ss. 20, 35, ch. 69-106; s. 2, ch. 76-165; s. 24, ch. 79-8; s. 12, ch. 80-68; s.
1, ch. 83-21; s. 17, ch. 97-93; s. 1207, ch. 97-102.
790.09 Manufacturing or selling metallic
knuckles.—Whoever manufactures or causes to be
manufactured or sells or exposes for sale any instrument
or weapon of the kind usually known as metallic
knuckles commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775.083.
History.—s. 11, ch. 1637, 1868; RS 2425; s. 3, ch. 4124, 1893; GS 3271; RGS
5104; CGL 7206; s. 742, ch. 71-136; s. 1, ch. 2016-106.
790.10 Improper exhibition of dangerous weapons
or firearms.—If any person having or carrying any
dirk, sword, sword cane, firearm, electric weapon or
device, or other weapon shall, in the presence of one or
more persons, exhibit the same in a rude, careless,
angry, or threatening manner, not in necessary selfdefense,
the person so offending shall be guilty of a
misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
History.—s. 1, ch. 4532, 1897; GS 3272; RGS 5105; CGL 7207; s. 5, ch.
69-306; s. 743, ch. 71-136; s. 2, ch. 76-165; s. 174, ch. 91-224.
790.115 Possessing or discharging weapons or
firearms at a school-sponsored event or on school
property prohibited; penalties; exceptions.—
(1) A person who exhibits any sword, sword cane,
firearm, electric weapon or device, destructive device,
or other weapon as defined in s. 790.001(13), including
a razor blade, box cutter, or common pocketknife,
except as authorized in support of school-sanctioned
activities, in the presence of one or more persons in a
rude, careless, angry, or threatening manner and not in
lawful self-defense, at a school-sponsored event or on
the grounds or facilities of any school, school bus, or
school bus stop, or within 1,000 feet of the real property
that comprises a public or private elementary school,
middle school, or secondary school, during school
hours or during the time of a sanctioned school activity,
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. This
subsection does not apply to the exhibition of a firearm
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